Terms and Conditions
1. Introduction
a. These terms of use explain how you may use our digital platforms, website, mobile site (together, our “Site”), facilities and any related services (collectively, “Services”). References in these terms to the Site includes the following website and all associated web pages. You should read these terms and conditions carefully before using the Site. These terms and conditions apply to all users of Our Site and/or Services, including without limitation, users who are browsers, customers and all individuals accessing Our Services. By accessing or using this Site and/or Services or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this website, please contact puregolfsim@gmail.com.
b. Definitions
"Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;
"We", "Us" or "Our" means 13018580 Canada Inc. operating under the business name Pure Golf Sim, company registration number BN 759436546 and whose registered office is at 7755 Warden Ave Unit #3, Markham, Ontario, L3R0N3
"You" or "Your" means the person accessing or using the Site, its Content and/or Services.
c. Privacy Statement. These terms include our Privacy Statement which shall be subject to these terms in the event of any conflict or inconsistency. [[ntd: These terms may also be supplemented or replaced by additional terms ("Additional Terms") relating to specific Content, goods or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you submit a booking. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these terms.]
d. This Site is intended for and directed to residents of Canada over the age of 18 years.
e. Accessibility. We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at puregolfsim@gmail.com
2. Restrictions On Use
a. The Site and/or Services are for your personal and non-commercial use only. As a condition of your use of the Site and/or Services, you agree:
i. not to use the Site and/or Services for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
ii. not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site, its Content and/or Services in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
iii. not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site, its Content and/or Services except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
iv. not to use the Site to distribute viruses or malware or other similar harmful software code;
v. not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
vi. that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and/or Services and shall be solely responsible for keeping your password and other account details confidential.
b. We reserve the right to prevent or suspend your access to the Site and/or Services if you do not comply with any part of these terms and conditions or any applicable law.
3. Ownership, Use and Intellectual Property Rights
a. This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
b. Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site and/or Services. You agree not to adjust or try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
c. Trademarks. "[Details of specific trademarks used on the Site which need to be specifically notified to the user]" are our trademarks and "[identify any specific third party marks used on the Site (if any)]" are trademarks of [identify third party owner]. Other trademarks and trade names may also be used on this Site. The use or misuse of any trademarks or any other Content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
4. Submitting Information to the Site
a. The Site is not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Statement, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
b. Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove Content on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is [non-exclusive, freely transferable and worldwide] so you shall be entitled to use your own material yourself subject to applicable law.
c. You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order/bookings and utilize our Site and/or Services. You authorize us to collect and use this information in accordance with our Privacy Statement.
5. Accuracy of Information and Availability of the Site
a. While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site and/or Services is at your own risk and we may suspend or terminate operation of the Site and/or Services at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
b. While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.
c. We reserve the right to correct any errors or inaccuracies and to change or update information at any time, without prior notice (including after a booking has been confirmed). The errors, inaccuracies or omissions may relate to service description, pricing, promotions, availability and/or scheduling and Pure Golf Sim reserves the right to cancel, refuse or revise any booking based on incorrect pricing or availability to the extent permitted by applicable law.
6. Hyperlinks and Third Party Sites
a. The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
7. Golf Bay Bookings & Use of Facilities
a. In order to reserve a golf bay, you must book through our Sites. Prices for booking are subject to change, without notice. Unless otherwise indicated, prices displayed on our Site are quoted in Canadian dollars.
b. We reserve the right, in our sole discretion, to refuse bookings, cancel your booking and/or cancel your account at any time.
c. You may invite guests to share a reservation. You and Your guests are limited to access the bay You have reserved. You are responsible for the conduct of all guests, including, but not limited to, any damages to Pure Golf Sim equipment, facilities and/or property. You must always be present inside the property when the guest is present. You must be 19 years or older to reserve a golf bay.
d. Bookings may be cancelled online, without charge, up until 24 hours prior to the start of the reservation (the “Cancellation Period”). Once the Cancellation Period has expired, the reservation is final and no modifications or cancellations are permitted.
e. Pure Golf Sim reserves the right to charge the payment method used at the time of booking for any and all damages to the facility, its property, and its equipment caused by the User and associated guests. Examples include but are not limited to: Screen damage, missing or stolen items from the bay, equipment, computers, monitors, simulator sensors, lights, fixtures, structural components, turf, balls, tees, furniture.
f. All bookings are made by credit card. Your credit card will be charged immediately upon successful booking. No credit card information is retained by Pure Golf Sim. All personal information will be retained in accordance with our Privacy Statement.
8. Warranties and Limitation of Liability
a. You agree that your use of the Site is on an "as available" basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality or fitness for a particular purpose.
b. To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site and/or Services for any reason, and any representation or statement made on the Site.
c. We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site and/or Services, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or Services and/or the acts or omissions of any third party such as other users of the Site and/or Services or any other indirect or consequential loss or damage you may incur in relation to the Site, its Content and/or Services.
d. Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed, to the extent permitted by law the amounts paid by you to us in relation to your use of the Site, its Content and/or Services.
e. In no event will We, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from Your use of, or the inability to use, or the performance of, our Site and/or Services, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law
f. Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.
9. Waiver of Liability
a. All bookings and access to the facilities require acceptance of the Waiver of Liability. The User agrees to ensure that all guests also accept the Waiver of Liability.
10. Indemnification
a. You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our Site and/or Services, your violation of the Terms, or the posting or transmission of any materials on or through the Site by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
11. Waiver
a. Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
12. General
a. These terms are dated [date on which terms were last updated]. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time at our sole discretion without notice. Our new terms will be displayed on the Site and by continuing to use and access the Site and/or Services following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
b. We reserve the right to refuse service to anyone, at any time, for any reason.
c. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at [postal address] and all notices from us to you will be displayed on our website from to time.
d. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, extreme weather events or accident.
e. If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
f. These terms and conditions (together with the Privacy Statement and any applicable Additional Terms [or other terms expressly referred to in these terms and incorporated by reference — if there are any]) contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
g. You may not assign, sublicense or otherwise transfer any of your rights and obligations in these terms to any other person.
h. These terms and conditions shall be construed in accordance with and governed by the laws in effect within Ontario. Any disputes, actions or proceedings relating to the Terms or your access to or use of our Site must be brought before the courts of the Province of Ontario in the City of Toronto, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
i. The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.